[nabs-l] [Blindtlk] [nfb-talk] {Disarmed} Federal law preempts blindflyers'claims over airport kiosks

Thu May 26 05:48:00 UTC 2011

In my experience, many sighted people get frustrated with those machines and end up talking to a human being anyways. It happens all the time...the thing doesn't work, and the employee has to help someone with it. In the end it would have been more practical to check in with the person from the beginning.
At the JFK airport there are some accessible kiosks and they are pretty cool though. Given that these things are out there for airlines and airports to install, I think they should.
On May 25, 2011, at 7:28 PM, Jorge Paez wrote:

> Exactly my point--and I think that's why our argument  got thrown out by US AIRWAYS.
> 
> On May 25, 2011, at 5:45 PM, Mike Freeman wrote:
> 
>> Let's be clear: we would like such access; we don'ttruly need it most of the time.
>> 
>> Mike Freeman
>> sent from my iPhone
>> 
>> 
>> On May 25, 2011, at 13:05, Chris Nusbaum <dotkid.nusbaum at gmail.com> wrote:
>> 
>>> Yes, but that's hopefully a temporary fix.  We're trying to get * independent access to the kiosks, just like sighted people.  If there's a big line at the manned counter, a sighted person has the option of going over to the kiosk and checking in just as easily.  We need that same access!
>>> 
>>> Chris
>>> 
>>> "A loss of sight, never a loss of vision!" (Camp Abilities motto)
>>> 
>>> --- Sent from my BrailleNote
>>> 
>>> ----- Original Message -----
>>> From: "Brian Miller" <brian-r-miller at uiowa.edu
>>> To: "'Blind Talk Mailing List'" <blindtlk at nfbnet.org>,"'NABS list'" <nabs-l at nfbnet.org>, "'NFBMD list'" <nfbmd at nfbnet.org
>>> Date sent: Tue, 24 May 2011 16:33:37 -0400
>>> Subject: Re: [Blindtlk] [nfb-talk] {Disarmed} Federal law preempts blindflyers'claims over airport kiosks
>>> 
>>> I agree that this is a set-back, and I do hope we continue to press the
>>> issue.  However, I have to confess that as annoying as these kiosks are,
>>> their presence has yet to keep me off a plane or prevent me from checking
>>> in.  I just insist on getting assistance from a human being and I always get
>>> it.  It's when we can't check in at all, or when there are no longer any
>>> human beings at the counter at all that we are in trouble.  Another scenario
>>> could be that checking in at kiosks earns passengers special privileges,
>>> such as better selection of seating, or discounted baggage fess.  I don't
>>> believe this is the case yet, but I wouldn't be surprised if it is on the
>>> horizon.  When that day comes, we are in real trouble, and I believe we will
>>> have an even stronger case of discrimination to make.
>>> 
>>> I think also it has to be noted that it appears this judge didn't rule on
>>> the merits of the case, or whether or not there was a violation of state law
>>> -- just that state law didn't apply in this case due to the overriding
>>> precedence of the Air Carrier Act.  In other words, if I understand this
>>> correctly, the court in California wasn't saying we didn't have standing at
>>> all, just that we didn't have standing in that court -- or at the state
>>> level, and that we need to address the issue at the federal level.
>>> 
>>> Brian Miller
>>> 
>>> 
>>> -----Original Message-----
>>> From: blindtlk-bounces at nfbnet.org [mailto:blindtlk-bounces at nfbnet.org] On
>>> Behalf Of Chris Nusbaum
>>> Sent: Tuesday, May 24, 2011 3:58 PM
>>> To: NABS list; Blind Talk list; NFBMD list
>>> Subject: [Blindtlk] [nfb-talk] {Disarmed} Federal law preempts blind
>>> flyers'claims over airport kiosks
>>> 
>>> And back to court we go...  just to be dismissed! Hope they appeal!
>>> 
>>> Chris
>>> 
>>> "A loss of sight, never a loss of vision!" (Camp Abilities motto)
>>> 
>>> --- Sent from my BrailleNote
>>> 
>>> ---- Original Message ------
>>> From: "Sherri" <flmom2006 at gmail.com
>>> Subject: [nfb-talk] {Disarmed} Federal law preempts blind flyers'
>>> claims over airport kiosks
>>> Date sent: Tue, 24 May 2011 02:22:38 -0400
>>> 
>>> I'm sure we'll think of some other way to solve this problem.
>>> 
>>> Sherri
>>> 
>>> 
>>> Westlaw Journal Aviation
>>> Federal law preempts blind flyers' claims over airport kiosks
>>> 5/23/2011 COMMENTS (0)
>>> 
>>> 
>>> May 23 (Westlaw Journals) - Federal law preempts a class action brought by
>>> the National Federation of the Blind and several visually impaired people
>>> over the accessibility of airport ticketing kiosks, a California federal
>>> judge has ruled.
>>> 
>>> U.S.  District Judge William Alsup of the Northern District of California
>>> dismissed the NFB's lawsuit, finding the claims preempted by the Air Carrier
>>> Access Act and the Airline Deregulation Act.
>>> 
>>> The NFB and other plaintiffs alleged United Airlines violates California
>>> disability law by failing to make airport ticketing kiosks accessible to the
>>> blind.
>>> 
>>> According to the complaint, the kiosks employ a visual computer screen with
>>> prompts and touch-screen navigation but do not offer an audio output or
>>> other medium to make the kiosks accessible to the blind.
>>> 
>>> The plaintiffs brought their class action on behalf of all legally blind
>>> people in the United States who have flown on United from a California
>>> airport and have been unable to use the airline's kiosks.
>>> 
>>> United moved for dismissal, arguing that the Airline Deregulation Act and
>>> the Air Carrier Access Act preempt the plaintiffs' claims.
>>> 
>>> Judge Alsup agreed.
>>> 
>>> The claims are field-preempted under the ACAA because the Department of
>>> Transportation pervasively regulates airport kiosk accessibility, he said.
>>> 
>>> In addition, the Airline Deregulation Act expressly preempts the claims
>>> because they defendants provide an airline "service" as defined in the
>>> statute.
>>> 
>>> Finally, the judge rejected the plaintiffs' argument that the Airline
>>> Deregulation Act was meant to target airline deregulation rather than
>>> discrimination.
>>> 
>>> "The Airline Deregulation Act unequivocally declares that no state may enact
>>> a law related to airline service," the Judge Alsup said.
>>> "Congress could
>>> have drawn the preemption provision more narrowly.  It did not."
>>> 
>>> National Federation of the Blind et al.  v.  United Airlines Inc., No.  C
>>> 10-04816 WHA, 2011 WL 1544524 (N.D.  Cal.  Apr.  25, 2011).
>>> 
>>> (Reporting by Jennifer Long, Westlaw Journal Aviation)
>>> 
>>> 
>>> 
>>> -----------------------------------------------------------------
>>> ---------------
>>> 
>>> Register or log in to comment.
>>> C 2011 Thomson Reuters
>>> 
>>> a..  Co
>>> Have you visited my personal page at
>>> http://www.raceforindependence.org/goto/Sherri.Brun
>>> If so, Thank you for changing what it means to be blind.
>>> If not, please go there now!
>>> Thank you.
>>> flmom2006 at gmail.com
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